This question is specifically related to the Indian Constitution

So, I have been wondering if a criminal tortures the victim before committing a crime like rape or murder. Would it include additional charges to be pressed on the accused or just he will be convicted for rape or murder related IPC sections?

1 Answer 1


Yes. Why? because Torture is triggering different crimes by harming the body or psyche of the victim. Torture is defined for example in the Rome statute of the ICC:

"Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

But now, let's look at Indian law. There is not a specific paragraph that calls out torture, but the Indian Penal Code of 1860 contains Section 330. Voluntarily causing hurt to extort confession, or to compel restoration of property and Section 348. Wrongful confinement to extort confession, or compel restoration of property, which specifically looks at police. But fret not, there's more, if it is not the police that does the harming... because then we are in the territory of bodily injuries.

Sections 100, 101, 104 and 106 (all of them defense statutes) make clear, that you are allowed to defend yourself, and in fact codify a right of having an uninjured body - so there are laws that must make that an offence to do the things in the first place. They come just later. In a short skim, I found 2 very easy fits:

  • Sections 319/320 make causing pain and dismembering - both typical of torture - a special crime.
  • Section 376(2)m lists harming the body of the victim as a factor to increase the punishment in committing another crime. And that is so far just skimming the penal code.

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